1935 (4) TMI 24

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....o restrain them from interfering with his rights. During the pendency of this suit Kishen Lal was adjudicated an insolvent. Thereupon notice was issued to the Official Receiver asking him whether he would continue the suit on behalf of the insolvent, but he took no steps whatever to bring himself on the record. One Kanshi Ram however claiming to be an assignee from the Official Receiver applied to....

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....tained the appeal and accepted it, thereby allowing Kanshi Ram to continue the suit. From this order the defendant has preferred an appeal. A preliminary objection has been taken before me that no appeal lies against the order of the District Judge. The objection is based on two grounds. In the first place it is urged that a second appeal is barred by Section 104 (2) from an order passed in appeal....

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....22, Rule 8, lays down that the insolvency of a plaintiff shall not cause the Suit to abate unless the receiver declines to continue the suit, and further provides that if the receiver neglects or refuses to continue the suit, the Court may make an order dismissing the suit. In the case before me the receiver, in spite of notice and appearance in Court, did not choose to continue the suit and the C....

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.... taken place, I should refuse to interfere on revision with the order of the District' Judge, but I do not agree with him there. To arm an unauthorised person with an authority to harass the defendant to whom valuable right has been secured on account of the contumacious disregard of the law by the Official Receiver does, in my view, clearly amount to a miscarriage of justice entitling me to e....